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(영문) 창원지방법원 2016.02.04 2015가단77079
대여금
Text

1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and KRW 6% per annum from December 24, 2010 to June 17, 2015; and (b) June 18, 2015 for the Plaintiff.

Reasons

1. According to Gap evidence Nos. 1 through 4 of the judgment as to the cause of the claim (including the number of each branch number), the plaintiff may recognize the fact that the plaintiff set the defendant to make installment payments of KRW 40,00,000 on October 24, 2008 with the interest rate of KRW 6% per annum, and the repayment amount of KRW 200,000 per annum by 200,000 per annum by 2013, and the plaintiff was paid 5,200,000 (the 26-month agreement) out of the interest on the above loan by the defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by applying the rate of 6% per annum from December 24, 2010 to June 17, 2015, which is the date of service of a copy of the instant complaint, from June 18, 2015 to September 30, 2015, which is the date of service of a copy of the instant complaint, 20% per annum under the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from June 18, 2015 to September 30, 2015, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

2. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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